HomeMy WebLinkAboutMemo - Read Before Packet - 07/02/2024 - Memorandum from Clay Frickey re Update on Aragon Holdings Batch Plant Development Proposal
Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
MEMORANDUM
DATE: July 2, 2024
TO: Mayor and City Councilmembers
THRU: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Director, Planning, Development & Transportation
FROM: Clay Frickey, Planning Manager, Community Development & Neighborhood
Services
RE: Update on Aragon Holdings Batch Plant Development Proposal
Purpose: The purpose of this memorandum is to update Councilmembers on the status of the
proposed Aragon Holdings Batch Plant development at 516 N. Highway 287.
Bottom Line
Staff has provided comments in accordance with our standard process. If additional action is
desired, Council may consider the following options related to the proposed Aragon Holdings
Batch Plant:
1. Pass a resolution in opposition to the project.
2. Send a letter to the County Commissioners expressing Council’s opposition to the
project.
3. Provide comment at the land use hearing expressing Council’s opposition to the project.
Background
Larimer County is processing a development application for a proposed concrete batch plant
near the intersection of Highway 287 and Terry Lake Road. Since the property is within the
City’s Growth Management Area the City provides comments to the County on the proposed
development.
City staff provided comments to the County on this development project on January 29, 2024.
Staff’s comments indicated that the proposed development does not align with the vision and
plans for Fort Collins in this area. City Plan identifies this area as being a Suburban Mixed-Use
corridor. Suburban Mixed-Use designation considers principal land use for this property to be
retail, restaurants, and other commercial services. Supporting land uses include high-density
residential, entertainment, childcare centers, and other supporting uses. Staff would consider a
concrete batch plant to meet the definition of a heavy industrial use. Heavy industrial is only
permitted in the Industrial zone district in the City. Upon annexation, staff would not assign the
Industrial zone district to this property. This means that the proposal is not consistent with the
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vision for the area in City Plan and Planning staff are not supportive of the proposed
development.
Currently, County staff are collecting comments from other reviewing agencies. After collecting
all comments from outside agencies County staff will evaluate if the project is ready for hearing
or if they will need another round of review.
Attachments
1. Planning comments on proposed Aragon Holdings Batch Plant
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Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
MEMORANDUM
DATE: January 29, 2024
TO: Savanah Benedick-Welch, Norris Design Planner
Michael Whitley, Larimer County Senior Planner
FROM: Katelyn Puga, City Planner
CC: Clay Frickey, Planning Manager
RE: Aragon Holdings Batch Plant Letter Request
Introduction
The following memo has been prepared at the request of the applicant team for the Aragon Holdings
Batch Plant project . Larimer County Land Use Code Article 4.3.5 Wastewater Disposal, subsection 4
On-Site Wastewater Treatment Systems in the Urban Districts and GMAs , requires that proposals to
use on-site wastewater treatment systems must submit an appeal as part of their application. Because
the subject property at 516 N. Highway 287 is within the Fort Collins Growth Management Area
(GMA), the City of Fort Collins is the applicable municipality that must respond to the following
requirements of the application:
c. A letter from the applicable municipality indicating their concurrence that the
development as proposed will achieve the land use pattern envisioned for this part of the
growth management area.
d. A letter from the applicable municipality that indicates their willingness to annex the
property when it becomes eligible for annexation;
The following summary addresses sections C and D and shall serve as the letter from the applicable
municipality as specified in the Larimer County Land Use Code.
Background/Discussion
As mentioned, the proposed development of a concrete batch plant on the property at 516 Highway 287
is located within the Fort Collins GMA. The City of Fort Collins utilizes the Structure Plan as adopted in
City Plan as guidance for future land use composition and density within the Fort Collins GMA. The
property at 516 N. Highway 287 (Concrete Batch Plant) has a designation of Suburban Mixed-Use. A
Suburban Mixed-Use designation considers principal land use for this property to be retail, restaurants,
and other commercial services. Supporting land uses include high-density residential, entertainment,
childcare centers, and other supporting uses.
Structure Plan place type designations also serve to inform future zoning of properties when annexation
is proposed. The City of Fort Collins zone districts that correlate to the Suburban Mixed-Use place type
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Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
include various commercial zone districts exclusively. City staff would consider the function and use of
the proposed Concrete Batch Plant to correspond with a land use of heavy industrial as defined in
Division 5.1 of the City of Fort Collins Land Use Code:
Heavy industrial uses shall mean uses engaged in the basic processing and manufacturing of materials
or products predominately from extracted or raw materials, or a use engaged in storage of, or
manufacturing processes using flammable or explosive materials, or storage or manufacturing processes
that potentially involved hazardous conditions.
Heavy industry shall also mean those uses engaged in the operation, parking and maintenance of
vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste
transfer stations, recycling establishments, and transport terminals (truck terminals, public works yards,
container storage).
Heavy industrial land uses are only considered for approval on properties zoned as the Industrial Zone
District in the City. Unincorporated areas within the Fort Collins GMA that are designated as Industrial
District place types by the Structure Plan would align with the purpose of the Industrial Zone District.
Therefore, the development as proposed does not achieve the land use pattern envisioned for this part
of the GMA.
Alignment of Proposed Development with Adopted Plans and Policies
The proposed development does not align with the following adopted policies in City plans including,
but not limited to the following policies found within City Plan, Our Climate Future, and the Air Quality
Plan:
1a. CITY PLAN POLICY LIV 1.6 – ADEQUATE PUBLIC FACILITIES: Utilize the provision of public facilities and
services to direct development to desired location, in accordance with the following criteria:
- Direct development to locations where it can be adequately served by critical public facilities and
services such as water, sewer, police, transportation, schools, fire, stormwater management and
parks, in accordance with adopted levels of service for public facilities and services.
- Work with Larimer County to develop plans and policies for public services and facilities required for
new and existing development located in unincorporated areas of the GMA.
1b. City Staff Response: The City has been informed that there is no feasible public sewer connection
available to this property today. Division 3.7.3 of the Land Use Code requires that all development
provides adequate facilities to serve the property. The Land Use Code requires that adequate
wastewater service to the property is provided through the design and construction of functional mains
and stubs. The City would require adequate facilities and connection to the public sewer as prescribed in
the Land Use Code for the future annexation consideration of the property.
2a. CITY PLAN POLICY LIV 3.3 – GATEWAYS: Enhance and accentuate the community’s gateways
including Interstate 25 interchanges and College Avenue, to provide a coordinated and positive
community entrance.
2b. City Staff Response: Although the subject site remains north of city limits, its visually prominent
location on Highway 287 contributes towards the overall approach into the North College gateway. This
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Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
stretch of 287 from Shields continuing south into the City of Fort Collins is ultimately envisioned as a
continuous Suburban Mixed-Use District. As previously mentioned, the proposed land use would qualify
as heavy industrial and is therefore incompatible with land uses and place types envisioned in City Plan.
Subsequent passages of Policy LIV 3.3 describe supportive land uses as a factor contributing towards
gateway design elements.
3a. CITY PLAN POLICY LIV 3.6 – CONTEXT – SENSITIVE DEVELOPMENT: Ensure that all development
contributes to the positive character of the surrounding area. Building materials, architectural details,
color range, building massing, relationships to streets and sidewalks should be tailored to the
surrounding area.
3b. City Staff Response: Property within the City of Fort Collins is subject to the development standards
as required by the Land Use Code to ensure that development provides a design that is appropriate to
the context of the surrounding land uses and zone district. While this site is not incorporated into the
City yet, any improvements that would be considered in the future upon annexation would be required
to meet the standards of the Land Use Code to accomplish this policy to the maximum extent feasible.
4a. CITY PLAN POLICY LIV 4.2 – COMPATIBLITY OF ADJACENT DEVELOPMENT: Ensure that development
that occurs in adjacent districts complements and enhances the positive qualities of existing
neighborhoods.
4b. City Staff Response: Compatibility with surrounding land uses is a factor in the determination of the
Structure Plan place type designation. Adjacent properties within the Fort Collins GMA are also
designated as a Suburban Mixed-Use District and Suburban Neighborhood Districts. There is no future
industrial development planned as part of the envisioned land use pattern in the immediate vicinity.
Strategies to mitigate any incompatibility between uses would be required as part of an annexation
proposal in the future.
5a. CITY PLAN POLICY ENV 1.3 – NATURE IN THE CITY: Conserve, protect, and enhance natural resources
and high-value biological resources throughout the GMA by:
- Directing development away from natural features to the maximum extent feasible
5b. OUR CLIMATE FUTURE HNS3 – HEALTHY NATURAL SPACES: Protect and expand natural habitats as
growth occurs.
5c. City Staff Response: The property is located near several natural features as identified by the City
including Dry Creek and Terry Lake, and Great blue heron colonial nest sites. To further protect these
resources the Land Use Code requires a 100-foot natural habitat buffer zone for developments that are
proposed near natural features.
6a. AIR QUALITY PLAN POLICY ENV 4.1 PRIORITY AIR POLLUTANTS: Focus on high-priority air pollutants,
as identified in the Air Quality Plan, considering such criteria as health impacts, community concerns, air
pollution trends, compliance with current state and federal standards and ability to affect improvements
at the local level.
6b. AIR QUALITY PLAN POLICY ENV 4.2 AIR POLLUTANT SOURCES: Implement a full spectrum of options
including engagement, incentives, and regulation – that focus on prevention of air pollution at the
source.
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Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
6c. City Staff Response: The City of Fort Collins prioritizes the protection of public health and the
environment through improvement of outdoor and indoor air quality. The proposed location of the
Concrete Batch Plant is adjacent to resources and residents within the City. The stockpiles of raw
material on site are incidental to the heavy industrial land use that could be a source of air pollution that
impacts the nearby community within the City and does not promote the goals adopted by the Air
Quality Plan through prevention of air pollution.
Future Annexation Eligibility
Pursuant to the Intergovernmental Agreements (IGA) between Larimer County and the City of Fort
Collins, the City agrees to consider the annexation of any parcel located within the GMA which are
eligible for voluntary annexation. If the subject property becomes eligible for annexation, the City will
abide by the guidance in the IGA and process the annexation request. An annexation proposal for a
property with a heavy industrial use would be subject to the following considerations:
a. As outlined in the first section of this letter, the anticipated Zone District for this property
would not allow this land use. The annexation of a land use that is not conforming would
lead the property to be considered a nonconforming land use upon annexation.
Nonconforming land uses are subject to limitations for site improvements. Most future
improvement would require that the site and land use be brought into compliance with the
Land Use Code.
b. The City would not accept a property that is served by a septic system and requires that
adequate public facilities be provided to the property in order to meet City standards. This
would be a consideration of the annexation and the proposal would be evaluated for
compliance with this standard.
c. The City would ensure that any risks with noise, lighting, odor, and dust created by the
Concrete Batch Plant use be mitigated as part of the annexation request and may be
incorporated into a future Annexation Agreement to ensure compliance with the City
standards.
Based on the adopted policies outlined in this letter, the development proposal for the Concrete Batch
Plant for Aragon Holdings located at 516 N. Highway 287 does not align with the vision and plans for the
City of Fort Collins at this property. The City of Fort Collins does not support an appeal to allow the
proposal to provide an on-site wastewater treatment system. Aligning future development with the
City ’s goals and plans is the utmost priority of the City of Fort Collins. Thank you for the opportunity to
review the proposal and provide comments. Please contact me if you have any questions regarding the
information provided in this memo at kpuga@fcgov.com or at 970-221-6343.
Sincerely,
Katelyn Puga, City Planner
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